mm  b  t 

ON  THE 

PKOJECT  OF  D.\iTI.i\^ 

THE 

GREAT  BAYS  OF  LONG-ISLAND 

BY  CANALS, 

FROM 

CONEY-ISLAND  TO  BRIDGEIIAMPTON. 


BROOKLYN: 

E.  B.  t?uooner,  Punter,  Franklin  Buildings,  corner  of  Fulton  and  Uiange-atreeti, 


1848. 


LONG-ISLAND  CANAL, 

AXD 

NAVIGATION  COMPANY. 


NOTICE  is  hereby  given,  that  the  Commissioners  appointed  by  an  art 
of  the  Legislature  of  the  State  of  York,  entitled,  <:  An  Act  to  incorporate  the 
u  Long  Island  Canal  and  Navigation  Company,"  passed  April  7th,  1818,  will 
open  Books,  at  the  following  times  and  places,  for  receiving  subscriptions 
for  Three  Hundred  Thousand  Dollars  of  Capital  Stock,  in  shares  ol  Fifty 
Dollars  each  : 

South  Oysterbay,  Queens  County,  at  Conklin  Vandewater's,  Monday, 
July  JUth,  from  9  to  G  P.  M. 

Islit,  Suffolk  County,  at  H.  B.  Cook's,  Tuesday,  July  11th,  from  2  to  6 
P.  M. 

Patchogue,  Suffolk  County,  at  Austin  Roe's,  Tuesday,  July  11th,  from 

2  to  G  P.  M. 

Moriches,  Suffolk  County,  at  N.  Terry's,  Wednesday,  July  12th,  from  1 
to  6  P.  M. 

Jamaica,  Queens  County,  at  Remsen's  Hotel,  Thursday,  July  13th,  from 

3  to  6  P.  M. 

Brooklyn,  Kings,  County,  at  No.  40  Fulton-street,  2d  story,  Friday,  July 
14th,  from  1  to  5  P.  M. 

New- York  City,  at  No.  24  Exchange  Place,  Tuesday,  July  18th,  Wed- 
nesday, 19th,  from  10  A.  M.  to  3  P.  M. 

Persons  wishing  to  subscribe,  whose  residences  are  not  convenient  to  the 
above  named  places,  can  send  their  names,  stating  the  amount  they  will  sub- 
scribe, to  either  of  the  Commissioners,  or  to  J.  P.  Howell,  and  Henry 
Gardiner,  at  Quogue,  or  Edwin  Rose  and  J.  L.  Gardiner,  at  Bridgehamp- 
ton. 

The  object  of  this  Company  is  to  construct  Canals  to  connect  the  great 
Bays  on  the  south  side  of  Long  Island,  and  thus  open  a  new  and  direct  com- 
munication from  New  York,  to  an  extended  and  populous  region  of  country, 
now  almost  entirely  disconnected  with  the  city. 

Conditions  of  Subscription  : — Five  Dollars  to  be  paid  on  each  share  sub- 
scribed,  at  the  time  of  subscription,  for  which  the  receipt  of  a  Commissioner 
will  be  given. 

In  case  the  whole  amount  of  capital  is  subscribed,  a  second  instalment  of 
Five  Dollars  on  each  share  will  be  called  for.  Thirty  days'  notice  will  be 
given,  previous  to  the  time  of  payment. 

No  instalment  to  be  called  for  without  thirty  days'  notice  being  given  ; 
and  no  instalment  to  be  required  exceeding  Five  Dollars  per  share. 

If  Fifty  Thousand  Dollars  only  is  subscribed,  the  Company  will  organize 
pursuant  to  its  charter  ;  and  the  subscription  books  will  be  re-opened,  and 
jemain  open,  until  the  whole  amount  of  stock  is  subscribed. 

Pamphlets  with  Maps,  can  be  obtained  gratis,  from  either  of  the  Commis- 
sioners ;  at  the  Brooklyn  Star  Office  ;  at  40  Fulton-street,  2d  story3  and  at 
the  "  Telegraph  News  Room,"  No.  24  Exchange  Place,  New- York. 
HENRY  W.  TITUS,  Bell  Port,  Suffolk  County, 
A.  G.  THOMPSON,  Jr.,  Islip,       do.  de. 
WALTER  SCUDDER,     do.         do.  do. 
HENRY  FLOYD  JONES,  South  Oysterbay,  Queens  County, 

Commissioners  t 


Digitized  by  the  Internet  Archive 
in  2014 


http://archive.org/details/reportonprojectoOOdurs 


REPORT 


ON  THE 

PROJECT  © F  llHIfiilf^ 

the 

GREAT  bays  of  long-island 

BY  CANALS, 

FKOM 

CONEY-ISLAND  TO  MIDGEIIAMFTM. 


BROOKLYN: 

E.  B.  Fpooner,  Printer,  Franklin  Buildings,  corner  of  Fulton  and  Orange-streets. 

1848, 

I 


L  The  «*  of  «U.5t»W  and  "T&irty-th*  rib 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


LONG-ISLAND  CANAL, 

AND 

NAVIGATION  COMPANY. 


At  the  last  session  of  the  Legislature  of  the  State  of  New 
York,  a  company  was  incorporated  with  the  above  title,  the 
object  of  which  is  to  construct  Canals  to  unite  the  large  Bays 
along  the  South  shore  of  Long  Island,  from  Coney  Island  to 
Bridgehampton,  a  distance  of  ninety  miles  from  the  harbor  of 
New  York,  about  ten  miles  of  Canal  only  being  required,  the 
Bays  being  navigable  for  nearly  eighty  miles. 

This  project  was  first  proposed  in  the  year  1824  by  Abra- 
ham G.  Thompson  of  New  York,  who  with  many  influential 
individuals,  among  whom  were  James  Boggs,  Nathaniel  L. 
Griswold  and  Nathaniel  Prime  of  that  city,  Judge  John  Ter- 
hune  of  Kings  County,  John  L.  Norton  of  Queens,  and  Nicoll 
Floyd  of  Suffolk,  petitioned  the  Legislature  in  its  favor. 

A  survey  was  ordered  by  the  State,  and  made  in  J  825, 
under  the  direction  of  the  Canal  Commissioners,  by  Mr. 
Holmes  Hutchinson,  an  experienced  engineer  engaged  on 
the  Erie  Canal,  a  copy  of  whose  report  is  annexed,  and  the 
utility  and  feasibility  of  the  project  proved  beyond  question. 
The  then  Governor  of  the  State,  Dew  itt  Clinton,  recommend- 
ed the  union  of  the  great  Bays  of  Long  Island  to  the  favor- 
able notice  of  the  Legislature  in  his  annual  message  addressed 
to  that  body  January  6th,  1 826,  as  "  a  measure  vastly  im- 
portant to  our  population  in  that  quarter,  and  to  the  city  of 
New  York." 

Propositions  were  made  by  the  petitioners — 1st.  That  the 
Canal  should  be  made  by  the  State  upon  the  same  principle 
that  various  other  similar  improvements  were  undertaken 
under  its  auspices,  and  as  an  act  of  justice  to  Long  Island, 
which  has  never  to  any  extent  been  the  recipient  of  Stato 
patronage.    2nd.  If  this  proposition  was  rejected,  that  a  com- 


pany,  with  banking  privileges,  should  be  connected  with  the 
Canal  for  tliesame  reasons  that  the  State  had  already  granted 
such  privileges  to  the  Delaware  and  Hudson  Canal  Com- 
pany, and  other  not  strictly  speaking  hanking  institutions. — 
3rd.  If  the  above  propositions  failed,  then,  that  the  Statu 
should  reimburse  the  company  one  third  of  the  cost  of  the 
Canals.  Neither  of  these  propositions  succeeded;  a  simple 
charter  for  a  Canal  company  was  passed,  which  was  con- 
sidered by  the  friends  of  the  project  as  objectionable,  in  pre- 
senting few  inducements  lor  the  investment  of  capital,  and 
therefore  was  not  accepted.  No  further  steps  were  taken  in 
this  matter  until  1846,  when  a  number  of  practical  farmers 
on  Long  Island  convinced  of  the  utility  of  the  proposed 
Canals ;  believing  that  the  time  had  arrived  for  their  con- 
struction ;  that  the  wants  of  the  yearly  increasing  population 
on  the  South  side,  called  for  them  and  that  they  would  yield 
a  profitable  return  on  the  small  amount  of  capital  required, 
petitioned  the  Legislature  lor  an  act  of  incorporation,  which 
w;is  granted  in  April,  1848. 

The  route  of  this  proposed  improvement  was  partially  ex- 
amined by  Mr.  James  I.  Shipman,  Civil  Engineer,  and  a  new 
survey  made  under  his  supervision,  but  owing  to  his  absence, 
being  now  in  Illinois,  the  Commissioners  are  unable  to  obtain 
at  present  all  the  minute  details  required.  A  general  de- 
scription of  the  project,  from  memorandums  in  their  posses- 
sion, will  give  all  the  information  necessary  in  order  to  prove 
its  utility. 

The  proposed  Canals  begin  al  Gravesend  Bay  in  the  Har- 
bor ol  New  York,  extending  across  the  meadows  north  of 
Coney  Island  to  Jamaica  Bay.  The  whole  distance  across 
Coney  Island  is  about  three  miles,  one  half  of  which  may  be 
deducted  as  the  creek  can  be  straightened  to  admit  of  being 
navigated  one  and  a  half  miles  from  its  mouth  eastward. 

From  Jamaica  Bay  the  second  Canal  would  extend  across 
Rockaway,  passing  in  front  of  the  Pavilion,  the  entire  length 
of  which  is  lour  and  a  half  miles. 

If  the  shore  route  in  front  of  the  Pavilion  is  selected,  it  will 
be  necessary  to  construct  a  retaining  wall  for  about  1000 
feet,  in  order  to  prevent  the  sea  from  washing  the  banks  of 
the  canal  during  heavy  storms.  This  section  will  open  near 
Hog  Island,  into  the  great  South  Bay,  which  extends  east- 
ward for  58  miles. 

In  the  Western  portion  of  this  Bay,  from  Rockaway  to 
South  Oysterbay,  the  channels  are  in  many  places  .crooked 
and  narrow,  being  interrupted  by  small  islands  of  meadow. 


5 


These  difficulties  it  is  proposed  to  overcome  by  judiciously 
altering  the  course  of  the  channels,  and  deepening  them  by 
dredging  wherever  required. 

From  South  Oysterbay  the  great  South  Bay  is  navigable 
to  Quogue  without  interruption,  excepting  from  a  narrow 
channel  across  the  bulkhead  near  Smith's  Point,  opposite  Bed 
Port,  but  this  can  be  readily  removed  at  a  trifling  expense. 

The  third  Canal  would  extend  from  the  East  end  of  the 
great  South  Bay  to  Quantuck  Bay,  and  thence  to  Southamp- 
ton Bay,  requiring  about  twro  and  a  half  miles  of  excavation. 

These  three  Canals,  the  united  length  of  which  would  be 
about  eight  and  a  half  miles,  will  open  a  navigation  of  78 
miles  along  a  region  of  country  inhabited  by  a  large  and 
annually  increasing  population,  principally  engaged  in  agri- 
culture. 

By  extending  the  canal  across  Canoe  Place,  a  distance  of 
half  a  mile,  the  entire  length  of  navigation  would  be  opened 
112  miles  from  New  York  to  Sag  Harbor,  and  by  connect- 
ing Southampton  Bay  with  Mecox  Bay  by  a  Canal  of  two 
miles  in  length,  the  towns  of  Southampton  and  Bridgehamp- 
ton  would  be  made  of  convenient  access  to  the  city.  In  case 
the  company  goes  into  operation,  it  is  proposed  to  construct 
the  Coney  Island  section  first,  which  can  be  done  in  one  year, 
and  by  employing  this  for  purposes  of  navigation  immedi- 
ately upon  its  completion,  an  income  will  be  accruing  for  tho 
benefit  of  the  stockholders  while  the  remaining  sections  are 
in  their  order  of  construction. 

It  is  very  difficult  at  the  present  time  to  give  correct  data 
as  to  the  amount  of  business  which  can  probably  be  done  on 
these  canals.  Although  it  were  an  easy  task  to  follow  the 
fashion  of  the  day  by  making  statements  on  paper  which 
might  prove  delusive.  It  is  assumed  that  no  person  would 
subscribe  to  the  stock  without  examining  into  the  project 
and  satisfying4his  own  mind  as  to  its  probable  utility. 

There  are  many  individuals  ill  acquainted  with  the  geogra- 
phy of  Long  Island,  some  of  whom,  suppose,  that  the  ocean 
washes  to  the  main  southern  shore,  while  others  picture  it  in 
their  imaginations  as  an  uninterrupted  range  of  sandy  hil- 
locks, producing  a  scanty  subsistance  for  a  half  famished 
population,  whose  principal  dependence  is  on  the  sea  for 
food!  These  remarks  may  surprise  Long  Islanders  who 
love  their  Island  home,  wrho  know  the  unfounded  nature  of 
such  opinions,  but  still  such  individuals  do  exist,  who  sneer 
at  the  very  name  of  the  South  Side.  To  all  such  cavillers, 
who  may  have  judged  the  whole  Island  from  the  appearance 


6 


of  its  central  uninhaht Ltd  portion,  we  would  merely  point  to 
the  fertile  fields  of  Gravcsend,Canausey,  Jamaica  South,  Near 
Kockaway,  Merrick,  South  Oyster  Bay,  Huntington  South, 
Islip,  Patchogue,  Bell  Port,  Moriches,  C^uogue,  Soutli  Hamp- 
ton and  East  Hampton,  all  of  which  lie  directly  on,  or  con- 
tiguous to  the  proposed  line  of  navigation.  It  is  only  be- 
cause the  inhabitants  of  these  pleasant  and  healthy  locations 
have  been  contented  within  themselves  in  following  the 
pursuits  of  their  progenitors,  and  because  they  have  not,  like 
half  famished  wolves,  besieged  the  State  Legislature  for 
leave  to  disburden  the  Public  Treasury,  that  they  have  re- 
mained almost  unnoticed  and  unthought  of.  While  other 
portions  of  the  State  have  felt  the  encouraging  hand  of  Leg- 
islative assistance,  Long  Island  has  been  slowly,  surely  and 
successfully  increasing  in  population  and  in  wealth,  depend- 
ing solely  on  the  untiring  industry  and  self-relying  disposi- 
tion of  its  inhabitants. 

if  this  work  is  carried  into  execution  the  following  will  in- 
dubitably be  the  result  thereof  : 

1st.  Numerous  persons  from  the  city  will  be  induced  to  make 
excursions  through  these  beautiful  bays,  and  to  spend  the 
summer  months  at  the  different  healthy  and  pleasant  locali- 
ties, skirting  their  shores,  from  Coney  Island  and  Rockaway, 
to  East  Hampton.  In  this  way  business  will  be  produced 
for  the  steamboats  which  the  company  is  authorised  to  con- 
struct. 

2d.  The  farmers  will  have  a  convenient  way  of  sending 
produce  to  market,  and  can  transport  such  articles  as  they 
may  wish  in  their  own  sail  boats  on  paying  tolls  for  using 
the  canals,  and  on  their  return  can  bring  articles  for  their 
home  consumption,  and  the  manures  required  fer  their  farms. 

3d.  A  new  market  will  be  opened  for  the  sale  of  the  street 
sweepings  of  New  York  and  Brooklyn.  Scow  boats  will  be 
constructed  of  light  draft  of  water,  which  will  bring  produce 
of  various  kinds,  wood  and  charcoal  to  the  city,  and  return 
laden  with  street  dirt  and  other  manures.  In  this  point  of 
view,  this  project  commends  itsell  to  the  attention  of  every 
citizen  of  New  York,  and  might  be  made  the  useful  means 
of  cleansing  the  city  from  dirty  streets,  now  a  great  and  just 
cause  of  complaint,  and  at  times  an  intolerable  nuisance. — 
The  farmers  of  Long  Island  would  gladly  avail  themselves 
of  this  opportunity  for  the  purpose  of  purchasing,  at  a  mod- 
erate price,  this  and  other  fertalizing  substances ;  and  the 
consumption  of  this  one  article  alone  would  annually  aug- 
ment with  the  demands  of  an  increasing  agricultural  com- 
munity. 


7 


4th.  A  new  region  of  country  would  beTopened,  in  which* 
owing  to  its  proximity  to  the  city,  land  would  be  sought  af- 
ter, not  only  for  agricultural  purposes  but  also  for  summer 
residences  for  our  citizens.  No  one  will  question  the  asser- 
tion that  the  South  side  of  Long  Island  is  destined  before 
many  years  to  be  densely  inhabited.  It  has  been  endowed 
by  nature  with  advantages  possessed  by  few  portions  of  this 
continent,  and  for  healthiness  of  location  cannot  be  surpassed. 
Among  the  many  other  advantages  of  the  South  side 
which  are  not  improved,  may  be  named  the  numerous  spark- 
ling streams  which  will  eventually  be  converted  to  useful 
purposes.  To  one  unacquainted  with  the  Island,  it  may  be 
sui  prising,  that  from  Jamaica  South  to  Quogue,  a  distance  of 
70  miles,  there  are  upwards  of  sixty  streams  of  water,  one 
half  of  which  are  not  at  present  turned  to  any  profitable  bu- 
siness, and  are  capable^of  being  employed  for  small  manu- 
facturing purposes. 

The  above  are  what  may  be  predicted  as  a  few  of  the  re- 
sults of  opening  this  new  line  of  navigation.  The  only  ob- 
jection urged  against  the  project,  is  by  a  few  individuals  on 
Long  Island  who  fear  that  the  navigation  of  the  Bays  will 
destroy  the  privileges  of  fishing  and  shooting.  The  idea  that 
steamboats  will  drive  the  fish  from  the  channels,  and  the  wild 
fowl  from  their  usual  feeding  grounds,  the  shoals,  is  as  absurd 
as  to  suppose  that  the  navigation  of  the  East  river  and  Sound 
drives  the  Lobsters,  Bass  and  Black-fish  from  Hurl  Gate,  or 
the  Clams  from  Cow  Bay.  If  these  privileges  are  di- 
minished, it  will  only  be  from  the  ceaseless  watching 
of  the  fisherman,  that  no  fish  escapes  his  net  in  entering 
an  inlet,  and  of  the  sportsman,  that  no  bird  be  allowed  to  rest 
undisturbed  a  moment  on  any  feeding  ground. 

The  projectors  of  it  may  now  be  deemed  visionary,  but  time 
wiH  solve  the  problem  in  their  favor.  They  may  be  mista- 
ken too,  as  to  the  entire  feasibility  of  the  project,  and  if  so, 
can  only  say  that  they  base  their  opinions  on  those  of  scienti- 
fic engineers,  one  of  whom  has  long  been  employed  by  the 
State  on  the  Erie  Canal,  and  also  upon  personal  examina- 
tion of  the  route,  long  acquaintance  with  the  Bays  and  state- 
ments of  persons  conversant  with  the  difficulties  of  the  pro- 
posed improvement. 

The  subjoined  report  of  Mr.  Hutchinson  gives  estimates 
of  the  expense  ;  but  Mr.  Shipman  thinks  that  locks  will  not 
be  required,  and  can  be  superseded  by  the  use  of  flush  gates 
which  will  very  materially  diminish  the  cost  of  construction. 


Deducting  the  estimates  for  locks  and  taking  into  consul* 
(•ration  that  the  excavation  can  be  made  for  a  km  sum  than 
stated  in  the  report  annexed,  Mr.  Shipman  states  the  proba- 
ble cost  at  8175,000. 

The  proposed  Capital  of  the  Company  is  Three  UttVed 
Thousand  Dollars,  in  shares  of  Fifty  dollars  :  the  surplus  of 
which,  after  constructing  the  Canals,  is  to  be  employed  in 
building  small  steamboats  to  navigate  the  Bays  and  Canals.  • 

The  Company  can  go  into  operation  whenever  160,000  is 
subscribed  and  paid  in,  and  the  capital  may  be  reduced  to 
$260,000  by  consent  of  a  majority  Oi  the  Stockholders. 

If  every  able  farmer  on  the  line  of  this  proposed  naviga- 
tion, would  take  a  few  shares,  and  if  the  citizens  of  ISew 
York  would  subscribe  only  for  the  probable  result  of  cleaner 
streets,  the  project  can  be  accomplished. 

The  Commissioners  appointed  to  receive  subscriptions,  are 

Henry  W.  Titus,  Bell  Port,  Sulfolk  county. 

Henry  Floyd  Jones,  South  Oyster  Bay,  Queens  county. 

A.  G.  Thompson.  Junr.,  lslip,  Sullblk  county. 

Walter  Scuddcr,  lslip,     do       do  do 

Notice  of  the  times  and  places  for  opening  subscription 
books,  will  be  given  in  a  few  days. 

May  20,  1848. 


9 


Extract  from  the  Report  of  the  Canal  Commissioners  pur- 
suant to  the  act  entitled  "  An  Act  t»  provide  for  the  survey 
of  certain  Canal  routes  therein  mentioned." 

Made  to  the  Assembly  March  6,  1826. 


To  the  Hon.  Stephen  Van  Rensselaer,  Samuel  Young,' Henry 
Seymour  and  William  C.  Bouck,  Canal  Commissioners  oj 
the  State  of  New  York. 

Gentlemen : — 

In  compliance  with  my  instructions,  I  have 
made  an  examination  and  survey  of  the  Long  Island  Canal, 
and  herewith  present  maps  of  the  country  on  the  South  side 
of  Long  Island,  from  Canoe  Place  in  Southampton,  to 
Gravesend  Bay,  below  the  harbor  of  New  York.  The  maps 
are  protracted  on  a  scale  of  20  chains  to  an  inch,  having  routes 
of  the  proposed  canals  laid  down  to  form  a  connection  between 
the  Bays — with  a  profile  of  the  leveling,  shewing  the  neces- 
sary depth  of  excavation  at  each  place. 

To  accommodate  the  vessels  that  generally ?  navigate 
Southold  Pay,  and  the  Great  South  Bay,  the  Canal  should 
be  40  feet  wide  on  the  bottom,  60  feet  wide  on  the  top,  and  5 
feet  deep  ;  the  locks  to  be  22  feet  wide  and  90  (ninety)  feet 
long  between  the  gates.  They  should  be  constructed  of  stone 
masonry  with  hammered  beds  and  faces,  the  hollow  quoins, 
cut  stone,  and  all  well  laid  in  water  cement.  Upon  this 
plan  I  have  formed  my  calculations,  and  made  the  following 
estimate  of  the  expense. 

The  examination  commences  in  Southampton,  and  the 
first  Canal  would  be  half  a  mile  in  length,  to  join  South- 
old  Bay  with  South  Hampton  Bay  at  Canoe  Place. — 
The  soil  is  sand  and  gravel,  and  the  highest  point  of 
excavation  would  be  25  feet,  A  lock  should  be  con- 
structed at  each  end  of  the  Canal  to  retain  the  water 
at  the  elevation  of  high  tide,  and  make  slack  water  between 
the  bays.  The  tide  rises  at  this  place  about  three  feet,  and  as 
there  is  about  three  hours  difference  in  time  of  high  water  in 
the  bays,  the  locks  will  be  necessary  to  prevent  a  rapid  cur- 
rent in  the  canal,  and  will  permit  the  passage  of  vessels  at  all 
times  of  tide.  A  draw  bridge  must  be  made  to  accommodate 
the  travel  of  the  road  ;  such  as  may  be  easily  removed  from 
the  canal  for  vessels  having  masts.    A  wharf  should  be  con- 


10 

structed  in  Southold  Hay  to  form  a  harbor  and  facilitate  the 
entrance  of  vessels  into  the  canal. 
The  expense  estimated  as  follows  : 

102,002  cubic  yards  of  excavation  at  lo  cts.  §15,313  80 

1  Bridce          ...         -  000  00 

2LcXt|p0eacL        -         -  </<> 

1  Wharf  in  Southold  Hay        -          -  ^000  00 

The  SouthhamptonBay  isnavigable  S  milcs.from  CanocPlacc 
to  Uuoguc,  for  vessels  drawing  4  1-2  feet  of  water  The  chan- 
nel is  generally  deep,  but  near  the  West  end  ot  the  Bay,  the 
depth  m  common  tides  is  a  little  more  than  4  feet. 

From  the  West  end  of  Southampton  Bay,  at  Quogucto 
ihc  East  end  of  the  Great  South  Bay  at  Ketchebonnock,  the 
distance  is  3  1-2  miles.  A  Canal  to  form  a  communication 
between  these  bays  must  be  excavated  through  the  salt  mea- 
dows, crossing  two  small  ponds  and  the  Quantic  Bay  which  is 
three  fourths  of  a  mile  in  width,  and  the  water  4  1-2  fee  deep. 
It  is  proposed  to  excavate  5  feet  below  the  leve  of  high  tide, 
and  retain  the  water  in  the  Canal  by  locks  p  aced  near  the 
termination.  The  soil  is  muck  and  sand,  and  the  expense  ot 
excavating  will  be  much  increased  by  pumping  or  bailing, 
which  will  be  necessary  in  order  to  keep  out  the  water  while 
digging  the  canal". 

173,020  cubic  yds.  of  excavation  at  18  cts.    $?1,U4  08 

SS.  10     high,  a^  80,000  each  12,000  00 

$  13,341  08 

The  Great  South  Bay  is  58  miles  in  length,  and  extends- 
from  Ketchebonnock,  at  the  proposed  termination  of  the  last 
Canal,  to  a  point  near  Hog  Island  inlet.  The  first  shoal  wa- 
ter in  the  Bay  is  in  Mastic,  near  Smith's  point ;  here  are 
three  places  affording  but  about  4  feet  of  water.  Some  ex- 
cavation will  be  required  at  each  of  those  places,  to  deepen 
die  channels  and  give  them  a  good  direction,  and  would  cost 
about  8900.  From  Smith's  point  to  Babylon,  the  distance  is 
about  25  miles,  and  the  Bay  is  wide  and  deep  affording  « 
feet  of  water.  West  of  Babylon,  the  water  decreases  m 
depth  •  and  at  Bulkhead.  9  miles  West  of  Babylon,  there  is 


11 


a  shoal  with  but  a  few  inches  of  water,  in  low  tide.  This 
bay  to  its  Western  termination,  has,  in  many  places,  chan- 
nels of  deep  water  ;  but  there  are  several  shoal  places  that 
must  be  excavated  to  connect  those  deep  channels. 

The  smaller  vessels  frequently  navigate  this  part  of  the 
Bay,  with  loads,  in  high  tide — and  also  the  larger  vessels 
when  not  full  laden.  I  have  estimated  the  expense  of  cutting 
through  these  shoals  at  $20,000.  And  should  this  sum  be 
judiciously  expended,  I  have  no  doubt  but  that  three  feet  of 
water  may  be  obtained  in  low  tide,  and  seven  in  high  tide. 

From  the  West  end  of  the  South  Bay  near  Hog  Island  in- 
let, a  canal  should  be  excavated  through  the  meadows,  and 
along  in  front  of  Rockaway  "beach,  4  1-2  miles  to  Jamaica 
Bay,  as  laid  down  on  the  map.  There  would  be  about  6  feet 
of  excavation  over  level  salt  meadows  of  muck  and  sand, 
with  the  exception  of  a  fourth  of  a  mile,  near  Mrs.  Cornell's 
at  Rockaway.  Locks  will  be  required  at  each  end  of  this 
Canal,  to  retain  the  water  at  the  level  of  high  tide.  A  bridge 
should  be  made  at  Rockaway  to  allow  teams  to  cross  the  Ca- 
nal, having  a  moveable  roadway  to  admit  the  passage  of  ves- 
sels with  masts. 

■» 

2S4,929  cubic  yds.  of  excavation  at  18  cts.  $51,287  22 
1  Dam  with  waste  gate.       ...  300  00 

1  Bridge.   250  00 

2  Locks.   12,000  00 


863,837  22 

Jamaica  Bay  is  navigable  for  large  vessels  six  miles  to 
Barren  Island.  A  channel  must  be  there  excavated  for  about 
half  a  mile  to  communicate  with  Sheepshead  Bay  ;  and  this 
cut  is  estimated  to  cost  about  $1,000.  Sheepshead  Bay  is 
navigable,  at  low  water,  about  2  1-2  miles.  From  the  West 
side  of  this  Bay  to  Gravesend  Bay,  the  distance  is  2  1-2 
miles,  and  it  is  proposed  to  excavate  a  Canal  one  and  a  half 
miles  across  the  salt  meadows,  north  of  Coney  Island,  an  av- 
erage depth  of  9  1-2  feet,  and  navigate  the  creek  one  mile  to 
Gravesend  Bay.  A  Bar  at  the  mouth  of  the  creek  must  be 
excavated  for  a  short  distance  to  obtain  the  necessary  depth  of 
water  for  vessels  to  pass  in  at  low  tide. 

Shoal  near  Barren  Island  -  -  -  $4,000  00 
163,500  cuhic  yds.  excavation  at  18  cts  -  29,430  q0 
I  Road  Bridget  500  00 


$33,930  00 


12 


Siiould  it  be  deemed  advisable,  a  Canal  may  be  made 
across  the  meadows,  to  join  Slieepsliead  Bay  with  Gravesend 
Bay,  of  a  less  depth  of  excavation,  placing  locks  at  each  end 
of  the  Canal,  with  less  expense  than  by  the  deep  excavation 
without  locks,  as  proposed  above. 

RECAPITULATION. 


Names  of  Places. 

Whole  dis. 

Length  in 

Hays. 

Length  of 
Canal. 

Estimated  Cost. 

|     Miles.     |  Mil.-s. 

Miles.  | 

Canoe  place. 
Ketchebonnock. 
Hog  Island  Inlet. 
Jamaica  Bay. 
Gravesend  liay. 

Add  for  contingencit 

1-2 

12 
70 

74  1-2 
85  1-2 

•s,  10  percent 

9 

58 

10 
77 

1-2 
2  1-2 

4  1-2 
1  1-2 

9 

$30,913  so 
43,844  68 
20,900  oo 
fi:5.s.r7  22 
33,930  00 

192,286  70 

19,229  9| 
#212,21*  27 

From  the  preceding  tabic,  it  appears  that  the  whole  dis- 
tance from  Canoe  Place  to  Gravesend  Bay,  is  85  1-2  miles — 
that  the  Bays  will  be  navigable  7G  1-2  miles,  and  require 
Canals  to  be  made  nine  miles  at  an  estimated  cost  of  8212,- 
218  27. 

From  Gravesend  Bay,  at  Coney  Island  Creek,  to  the  city 
of  New  York,  the  distance  is  estimated  at  12  miles;  and 
from  Canoe  place  to  Sag  Harbor,  through  the  Bays,  about 
18  miles ;  so  that  constructing  nine  miles  of  canal,  forms  a 
navigation  through  the  inland  Bays  of  Long  Island,  from 
Sag  Harbor  to  the  city  of  New  York,  a  distance  of  115  miles. 
And  I  have  no  hesitation,  considering  the  cost,  and  the 
country  to  be  accommodated,  of  recommending  this  improve- 
ment as  an  object  of  great  importance  to  the  inhabitants  of 
Long  Island.  Respectfully  Gentlemen, 

Your  obedient  Servant. 
(Signed)    HOLMES  HUTCHINSON,  Engineer. 


13 

AN  ACT, 

To  incorporate  the  LrOiig-Islaiid  tanal  ami  ]\Taviga« 
tiou  Company. 

Chapter  202  Laws  of  1848 

Passed  April  7th,  1848. 


The  People  of  the  State  of  Neio  York,  represented  in  the 
Senate  and  Assembly,  do  enact  as  follows : 

Section  J.  Henry  W.  Titus,  James  L  Shipman,  Abraham 
G.  Thompson,  Junr.,  Walter  Scudder,  Nathaniel  Miller, 
Henry  Floyd  Jones,  John  L.  Norton.  Henry  Gardiner,  Josiah 
P.  Howell,  and  all  such  other  persons  as  may  associate  them- 
selves with  them,  and  their  successors  are  hereby  created  a 
body  politic  and  corporate,  by  the  name  of  "  The  Long  Is- 
land Canal  and  Navigation  Company." 

§  2.  The  capital  stock  of  said  corporation  shall  be  three 
hundred  thousand  dollars,  to  be  divided  into  shares  of  fifty 
dollars,  and  subscription  books  for  said  stock  shall  be  opened 
under  the  direction  of  Henry  W.  Titus,  Henry  Floyd  Jones, 
Abraham  G.  Thompson,  Junr.,  Walter  Scudder,  or  any  two 
of  them,  as  commissioners  for  that  purpose,  at  such  place  or 
places,  and  on  such  day  or  days,  in  the  city  of  New  York, 
and  in  the  counties  of  Kings,  Queens,  and  Suffolk,  as  they 
shall  appoint,  giving  fourteen  days  notice  of  each  time  and 
place  of  meeting,  in  at  least  one  newspaper  published  in  each 
of  said  counties  and  in  said  city,  and  said  subscription  books 
shall  be  opened  within  one  year  after  the  passage  of  this  act. 
In  case  a  greater  amount  than  three  hundred  thousand  dol- 
lars shall  be  subscribed,  the  said  commissioners  shall  distri- 
bute the  stock  in  such  manner  as  a  majority  of  them  shall 
deem  most  advantageous  to  the  public  interests  ;  but  in  case 
the  capital  stock  of  said  corporation  shall  not  be  subscribed, 
then  the  said  commissioners  shall  be  authorised  to  re-open 
the  said  books  at  such  other  times  and  places,  and  in  such 
manner  and  after  such  notice  as  a  majority  of  them  shall  di- 
rect. The  said  commissioners  shall  at  the  time  of  any  sub- 
scription, reOjiure  the  payment  by  the  person  or  persons  sub- 
scribing, of  five  dollars  on  each  share  of  stock  so  subscribed, 
and  unless  the  same  shall  be  paid  the  subscription  shall  be  in- 
valid. 


1 1 


§  3.  The  said  corporation  are  authorised  and  empowered  to 
employ  their  capital  stock  in  surveying,  constructing,  navi- 
gating, and  maintaining  a  line  of  canals  and  water  communi- 
cation. 

1.  From  Gravesend  bay  in  the  county  of  Kings,  to  Jamai- 
ca bay  ; 

2.  From  said  Jamaica  bay  across  Rockaway  in  the  county 
of  Queens,  to  the  Great  South  bay  ; 

3.  From  the  eastern  end  of  said  Great  South  bay  across 
Quogue,  in  the  county  of  Suffolk,  to  South  Hampton  bay; 
and  if  required  to  promote  the  interests  of  the  public  and  of 
said  corporation,  they  are  authorised  to  connect  the  said  South 
Hampton  bay  with  Mecock  bay,  and  across  Canoe  place  with 
Peconic  bay  in  the  county  of  Sulfolk,  as  well  as  to  make  late- 
ral canals  to  either  or  both  the  villages  of  Jamaica  and  Hemp- 
stead in  the  county  of  Queens  ;  and  in  excavating  the  grounds 
deepening  the  shoals,  and  straightening  the  channels  in  any  of 
the  said  bays  or  intermediate  places  ;  which  said  canals  shall 
be  at  least  thirty  feet  wide  at  the  bottom  and  fifty  feet  wide 
at  the  surface,  and  three  feet  in  depth  at  common  low  tide. 

$  4.  The  said  corporation  may  commence  their  operations 
whenever  fifty  thousand  dollars  shall  be  subscribed  and  paid 
in,  and  they  are  authorised  to  employ  such  portion  of  their 
capital  as  may  be  necessary  in  purchasing,  building  or  hiring 
dredging  machines,  steam  and  freight  boats,  for  constructing 
and  navigating  said  canals,  and  whenever  the  whole  or  any 
part  of  the  said  canals  shall  be  completed, they  are  empowered 
to  demand,  collect  and  receive  from  every  person  or  persons 
wishing  to  navigate  the  same,  such  rates  of  toll  as  they  shall 
from  time  to  time  ordain  and  establish  ;  the  same  to  be  sub- 
ject to  alteration  and  revision  by  the  canal  board  ;  but  noth- 
ing in  this  section  shall  be  so  construed  as  to  prevent  the  navi- 
gation of  said  canals  by  boats  and  vessels  other  than  those 
owned  or  employed  by  said  corporation,  on  the  payment  of 
tolls  for  the  use  of  said  canals,  nor  the  navigation  of  any  part 
of  said  bays  free  of  toll. 

§  5.  The  said  line  of  canals,  capital  stock,  property,  effects 
and  government  of  the  same  shall  be  under  the  management 
and  direction  of  nine  directors,  of  whom  there  shall  be  located 
two  in  each  of  the  counties  of  Kings,  Queens  and  Suffolk. — 
Said  directors  shall  be  elected  by  the  stockholders  within  sixty 
days  after  fifty  thousand  dollars  shall  have  been  subscribed, 
fourteen  days  notice  being  given  of  such  election,  and  shall 
hold  their  offices  until  the  first  Tuesday  in  June,  in  the  next 
succeeding  year  after  such  election  j  on  the  said  first  Tues- 


15 


day  in  June,  and  annually  thereafter,  there  shall  be  an  elec- 
tion for  nine  directors,  who  shall  hold  their  offices  for  one 
year,  and  until  others  shall  be  chosen  in  their  places,  six  of 
whom  shall  always  be  located  as  aforesaid  j  the  first  election 
shall  be  held  under  the  superintendence  and  inspection  of 
Henry  W.  Titus,  Henry  Floyd  Jones  and  Abraham  G. 
Thompson,  Jr.,  and  every  subsequent  election  shall  be  held 
under  the  inspection  of  three  stockholders,  not  being 
directors,  who  shall  be  previously  appointed  by  the  di- 
rectors. All  elections  shall  be  by  ballot,  and  a  plurality  of 
votes  shall  constitute  a  choice.  In  case  of  an  equal  number  of 
votes  for  any  one  or  more  directors,  the  remainder  of  the 
directors  shall  by  ballot  determine  which  shall  be  entitled  to 
a  seat  in  the  board  of  direction.  Every  stockholder  shall  be 
entitled  to  one  vote,  personally  or  by  proxy,  on  every  share 
held  by  him  lor  thirty  days  immediately  previous  to  such 
election  ;  the  directors  so  chosen,  shall  elect,  as  soon  as  may 
be,  at  or  after  the  first  meeting,  and  every  annual  meeting 
thereafter,  one  of  their  number  as  president.  In  case  of  the 
death,  resignation  or  absence  of  the  president,  the  board  of 
directors  shall  have  the  power  of  appointing  a  president  pro 
tempore. 

§  6.  In  case  it  should  at  any  time  happen  that  an  election' 
of  directors  shall  not  be  made  on  any  day,  when  pursuant  to 
this  act  it  ought  to  have  been  made,  the  said  corporation 
shall  not  for  that  cause  be  dissolved,  but  such  election  may  be 
held  at  any  other  time,  directed  by  the  by-laws  of  the  said 
corporation,  within  sixty  days  after  the  day  on  which  it  should 
have  been  held. 

§  7.  The  board  of  directors  shall  have  power  to  make  all 
necessary  rules,  regulations  and  by-laws,  for  regulating  the 
time  and  manner  of  paying  in  the  stock  subscribed ;  for  de- 
claring the  forfeiture  of  previous  instalments  by  the  non-pay- 
ment of  subsequent  ones,  after  giving  thirty  days  notice 
of  demand  of  payment ;  for  regulating  the  manner  of  voting 
by  proxy;  for  directing  elections  to  fill  vacancies  that  may 
occur  between  the  annual  elections  ;  for  regulating  the  time 
and  manner  of  declaring  dividends  of  their  profits  ;  for  the 
regulation  of  the  conduct  of  officers  and  agents  ;  for  the  ap- 
pointment of  as  many  officers  and  agents  as  they  may  deem 
requisite,  and  to  determine  the  amount  of  their  compensation  : 
and  generally  to  do  all  other  acts  they  may  deem  expedient, 
for  the  purposes  of  carrying  into  effect  the  objects  of  the  cor- 
poration, and  not  contrary  to  the  provisions  of  this  act,  or  any 
taw  of  this  state.. 


V 


M 

$  P.  Notransfcr  of  tlic  stock  of  the  corporation  shall  be  va- 
lid or  effectual,  unless  the  same  shall  be  registered  in  a  book 
or  books  to  be  kept  by  the  directors  for  that  purpose. 

§  9.  The  said  corporation  may  purchase  and  hold  all  sueh 
real  estate,  lands  and  waters  subject  to  the  free  navigation  of 
said  bays  by  all  persons  as  may  be  necessary  for  constructing, 
maintaining  and  repairing  their  canals,  and  may  by  their  en- 
gineers and  agents  enter  upon  any  land  or  water  for  the  pur- 
pose of  making  surveys,  a  just  compensation  therefor  being 
first  made  to  the  owners  thereof,  and  may  by  their  engineers 
or  agents  enter  upon,  take  possession  of  and  use  all  such  real 
estate,  lands  and  waters  as  may  be  necessary  for  the  construc- 
tion and  maintenance  of  their  canals  and  the  accommoda- 
tions required  appertaining  thereto,  after  paying  to  the  own- 
ers all  damages  they  shall  sustain  thereby,  to  be  ascertained 
as  hereinafter  provided,  and  may  also  receive,  hold  and  take 
all  such  voluntary  grants  and  donations'  of  real  estate,  lands 
and  waters  as  may  be  made  to  the  said  corporation,  to  aid  in 
the  construction,  maintenance  and  accommodation  of  said  ca- 
nals: but  all  real  estate,  lands  and  waters  thus  entered  upon, 
which  are  not  donations,  shall  be  purchased  by  the  said  cor- 
poration of  the  owner  or  owners  of  the  same,  at  a  price  to  be 
mutually  agreed  upon  between  them  ;  and  whenever  the  said 
corporation  shall  become  possessed  of  and  own  any  real  es- 
tate, lands  or  waters,  that  may  be  unnecessary  for  them  to  re- 
tain for  the  purposes  aforesaid,  it  shall  be  lawful  for  them  to 
occupy,  alien  and  convey  the  same  by  deeds,  on  such  terms 
as  they  shall  deem  expedient. 

§  10.  Whenever  the  real  estate,  lands  and  waters  necessa- 
ry for  the  purposes  of  said  canals,  cannot  be  obtained  by  vol- 
untary donation  or  purchase,  and  in  case  of  disagreement  be- 
tween the  said  corporation  and  the  owner  or  owners  of  any 
of  said  real  estate,  lands  and  waters,  as  to  the  price  to  be  paid 
therefor,  the  said  corporation  or  any  owner  or  party  agrieved 
or  interested,  may  present  to  the  county  judge  of  the  county 
in  which  such  real  estate,  lands  or  waters  may  lie,  a  petition 
setting  forth  the  necessity  or  design  of  taking  any  such  real 
estate,  lands  or  waters  for  the  purpose  of  said  canals  and  the 
failure  to  obtain  the  same,  or  liquidate  and  adjust  by  agree- 
ment the  compensation  to  be  paid  therefor,  and  the  name  and 
residence  of  each  owner,  if  known,  and  if  not  known  the  fact 
of  such  names  being  unknown,  and  the  means  that  have  been 
taken  to  ascertain  the  same,  together  with  a'map,  plan  or  pro- 
file of  the  real  estate  land  or  waters  thus  required  or  proposed 
to  be  taken,  and  of  the  said  canal,  and  praying  that  f»  jury  of 


17 

appraisers  be  appointed*    The  said  judge  shall  thereupon  dn 
rect  reasonable  notice,  written  or  printed,  of  not  less  than  three 
weeks,  to  be  given  to  the  owner  or  owners  of  any  such  lands, 
real  estate,  or  waters  of  the  time  of  drawing  such  jury,  which 
shall  be  at  the  clerk's  office  in  the  county  where  such  real  es- 
tate, lands  or  waters  are  situated ;  such  written  or  printed  no- 
tice  to  be  served  upon  such  owner  or  owners  if  known,  or  in 
case  of  absence  from  their  place  of  residence,  to  be  left  or  di- 
rected to  them  through  the  post  office  at  their  usual  place  of 
residence,  and  if  such  owner  or  his  place  of  residence  is  not 
known  and  cannot  be  ascertained,  to  be  put  up  in  some  con- 
spicuous place  on  the  premises  to  be  appraised,  and  published 
as  said  judge  shall  direct,  setting  forth  the  time  and  place  of 
drawing  such  jury ;  and  upon  due  proof  of  such  notice  and 
hearing  the  parties,  or  such  of  them  as  may  attend  and  object 
to  the  regularity  of  the  proceedings  on  the  part  of  said  corpo- 
ration, such  judge,  together  with  the  clerk  of  said  county,  shall 
draw  from  the  grand  jury  box  of  the  county,  the  names  ol 
twelve  jurors,  in  the  opinion  of  such  judge  competent  and  dis- 
interested, who,  by  an  order  to  be  entered  in  the  common  rule 
book  of  the  county  court  of  said  county,  shall  be  a  jury  to  ascer- 
tain the  compensation  aforesaid,  to  be  paid  to  such  owner  or 
owners,  and  the  ballots  drawn  from  the  jury  box  shall  be  re- 
placed by  the  clerk.    In  case  any  real  estate,  lands  or  waters 
described  in  such  petition,  shall  be  owned  by  any  married  wo- 
man, infant,  idiot  or  insane  person,  or  by  a  non-resident  of  this 
state,  the  said  judge  shall  appoint  some  competent  and  suita- 
ble person,  having  no  interest  adverse  to  such  owner,  to  take 
care  of  the  interests  of  such  owner  in  respect  to  the  proceed- 
ings to  ascertain  such  damages,  and  all  such  notices  as  are  re- 
quired to  be  served  on  any  owner  residing  in  this  state,  shall 
be  served  upon  the  person  so  appointed  in  like  manner  as  on 
such  owner ;  but  any  person  so  appointed  to  take  care  of  the 
interests  of  any  such  non-resident  may  be  superseded  or  re- 
moved by  him,  and  he  may  appoint  another  in  his  place. 

§  11.  Such  jury  of  appraisers,  before  entering  upon  their 
duties,  shall  take  the  oath  prescribed  by  the  twelfth  article  of 
the  constitution  of  this  state. 

§  12.  The  said  judge  shall  appoint  a  time  and  place  for  said 
appraisers  to  meet,  and  shall  cause  at  least  fourteen  days  no- 
tice to  be  given  to  such  owner  or  owners,  if  known,  by  a  no- 
tice, written  or  printed,  to  be  left  at  their  usual  place  of  resi- 
dence, if  within  the  county,  and  if  not,  to  be  put  up  in  some 
conspicuous  place  on  the  premises  to  be  appraised,  and  if  not 
known,  to  be  published  as  the  judge  shall  deem  proper  and 

3 


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reasonable,  setting  forth  the  time  and  place  of  meeting  for  the 
purpose  of  completing  said  appraisement,  and  shall  also  cause 
due  notice  to  he  given  to  said  appraisers  of  the  time  and  place 
of  meeting  ;  and  in  case  the  twelve  of  said  appraisers  shall 
not  appear,  or  shall  refuse  or  neglect  to  serve,  the  vacancy  or 
vacancies  shall  be  filled  in  the  manner  aforesaid. 

§  13.  The  said  appraisers  shall  have  power  to  examine 
witnesses  under  oath,  which  oath  any  of  said  appraisers  is 
hereby  authorised  to  administer ;  and  shall,  without  fear,  fa- 
vor or  partiality,  assess  the  value  of  the  real  estate,  lands  or 
waters  taken,  and  the  damages  any  such  owner  or  owners 
may  sustain  by  the  taking  of  their  real  estate,  lands  or  wa- 
ters, or  by  injury  to  buildings  or  other  fixtures,  and  in  the 
construction  of  such  canals,  or  by  any  operation  connected 
therewith,  without  any  deduction  on  account  of  any  real  or 
supposed  benefit  such  owner  or  owners  may  derive  by  the 
construction  of  said  canals.  If  the  amount  of  such  appraise- 
ment shall  exceed  the  sum  tendered  by  said  corporation,  the 
said  jury  shall  assess  a  separate  sum  for  costs,  expenses,  and 
reasonable  counsel  fees,  as  they  shall  deem  reasonable  and 
just. 

§  14.  The  said  appraisers  shall  make  a  certificate  or  inqui- 
sition of  their  appraisement,  specifying  the  items  appraised. 
It  shall  be  signed  by  them,  and  shall  contain  a  minute  and 
accurate  description  of  the  real  estate,  lands  and  waters  ap- 
praised, with  a  map  thereof,  and  shall  be  presented  with  the 
testimony  taken,  to  the  county  clerk,  who  shall  file  the  same 
in  his  office  ;  upon  proof  to  the  said  judge  within  thirty  days 
after  the  filing  of  the  inquisition  of  the  jury,  of  payment  to  the 
owner  or  owners,  or  of  depositing  to  their  credit  in  such  incor- 
porated monied  institution  as  the  judge  shall  direct,  of  the 
amount  of  such  appraisement,  with  the  costs  and  expenses 
and  counsel  fees,  if  any  shall  be  assessed  by  the  appraisers, 
the  judge  shall  make  an  order  particularly  describing  the  real 
estate,  lands  or  waters,  and  reciting  the  appraisement  and  the 
mode  of  making  it ;  which  order  saall  be  recorded  in  the  of- 
fice of  the  clerk  of  the  county  in  which  the  real  estate,  lands 
or  waters  are  situate,  in  the  like  manner  as  if  the  same  were 
a  deed  of  conveyance  ;  and  the  said  corporation  shall  there- 
upon become  seized  in  fee  of  such  real  estate,  lands  and  wa- 
ters, and  may  take,  hold  and  use  the  same  for  the  purposes  of 
said  canals ;  and  within  twenty  days  after  the  filing  of  said  cer- 
tificate, the  said  corporation  or  any  other  party  interested  may 
give  notice  of  a  motion  to  be  made  before  said  judge  within 
thirty  days  thereafter,  at  a  time  and  place  specified  in  such 


19 


notice  for  a  re-hearing,  and  the  appraisement  of  said  damages 
by  a  new  jury  of  appraisers  ;  said  judge  may  adjourn  the  hear- 
ing, or  the  further  hearing  of  said  notice  from  time  to  time, 
not  exceeding  sixty  days  in  all  as  shall  be  equitable,  and  if 
on  a  review  of  the  said  certificate  and  testimony,  he  is  satisfi- 
ed any  substantial  error  or  injustice  has  been  committed,  he 
may  order  a  re-hearing  and  the  appraisement  of  such  dama- 
ges by  a  new  jury  of  appraisers  to  be  drawn  and  proceed  in 
the  same  mauner  as  said  first  jury  ;  and  all  the  provisions 
herein  before  contained  in  relation  to  said  first  jury  or  pro- 
ceedings before  them,  shall  apply  to  said  second  jury,  and  their 
appraisal  shall  be  made  and  certified  in  the  same  manner,  and 
be  final.    If  said  second  jury  increase  said  damages,  said  cor- 
poration shall  pay  the  same,  with  such  costs  as  said  second 
jury  shall  award  to  the  person  or  persons  entitled  thereto,  or 
deposit  the  same  to  his  or  their  credit,  as  hereinbefore  provided. 
If  said  second  jury  shall  dimmish  said  damages,  the  person  or 
persons  entitled  thereto,  shall  pay  back  the  amount  of  such  di- 
minution, writh  such  costs  as  shall  be  awarded  by  said  jury  to 
said  corporation.    And  before  any  person  or  persons  shall  be 
entitled  to  make  such  motion  for  a  re-hearing  and  appraise- 
ment by  a  new  jury  as  aforesaid,  he  or  they  shall  give  secu- 
rity by  bond  to  said  corporation,  in  such  amount  and  with 
such  sureties  as  said  judge  shall  approve,  conditioned  to  pay 
back  to  said  corporation  the  amount  which  said  damages  shall 
be  diminished,  if  any,  with  all  such  costs  as  may  be  awarded 
against  such  person  or  persons  as  aforesaid.    And  in  case  any 
of  the  aforesaid  juries  cannot  agree  on  any  appraisement,  they 
shall  be  discharged,  and  a  new  jury,  as  soon  as  may  be  and 
without  further  notice,  drawn  or  selected  in  their  places,  in 
the  same  manner  as  the  jury  discharged,  who  shall  be  sworn 
and  proceed  in  like  manner,  and  before  whom  like  proceedings 
shall  be  had.    In  case  it  shall  at  any  time  appeal',  after  any 
appraisement  of  damages  under  this  act,  or  purchase  by  or  do- 
nation to  the  said  corparation,  of  any  real  estate,  lands  or  wa- 
tere,  that  the  title  acquired  to  any  portion  of  the  real  estate, 
lands  or  waters  taken,  purchased  or  granted  for  the  purposes 
of  said  corporation,  shall  fail,  the  said  corporation  are  author- 
ised to  proceed  anew,  in  the  same  manner  as  above  set  forth, 
to  perfect  the  title  to  the  same  by  an  order  to  be  granted  for 
such  purposes  by  a  county  judge  as  aforesaid  ;  provided  how- 
ever, if  upon  proceeding  anew  to  ascertain  the  said  damages 
as  aforesaid,  the  said  corporation  shall  give  such  bond  with 
such  security  as  the  said  judge  shall  direct,  conditioned  for  the 
payment  of  such  damages  when  ascertained  according  to  the 


i>0 


provisions  of  this  act,  the  said  real  estate,  lands  and  waters 
may  be  appropriated  to  the  use  of  the  said  corporation  by  an 
order  for  that  purpose  to  be  granted  by  saidjudge,  and  there- 
upon the  said  corporation  may  enter  upon  and  become  pos- 
sessed of  and  use  the  same  for  the  purposes  of  said  canals. — 
The  compensation  of  the  appraisers  shall  be  determined  by 
the  said  judge  at  a  sum  not  exceeding  two  dollars  per  day,  in 
in  addition  to  their  reasonable  expenses,  to  be  paid  by  the  said 
corporation. 

$  15.  In  all  cases  where  any  road  or  public  highway  is  so 
located,,  that  the  said  canals,  or  any  portion  thereof  cannot  be 
judiciously  laid  out  and  made  without  interfering  therewith,  it 
shall  be  lawful  for  said  corporation  to  cause  the  said  highway 
or  road  to  be  so  altered  at  their  own  expense,  as  that  the  said 
canals  may  be  made  on  the  most  advantageous  site  of  ground  ; 
but  the  said  corporation  shall  cause  said  highway  or  road  thus 
altered,  to  be  constructed  and  put  in  as  good  order  and  repair  as 
the  old  one  was  at  the  time  of  removing  the  same,  at  their  own 
costs  and  expense,  and  before  shutting  up  or  injuring  the  old 
highway  or  road. 

$  16-  The  said  corporation  shall  build  and  keep  in  good  repair 
suitable  and  convenient  bridges  over  and  across  said  canals  in 
all  places  where  the  same  shall  pass  or  cross  any  public  high- 
way or  road,  and  all  other  necessary  bridges  for  the  accom- 
modation of  persons  owning  land  on  any  part  of  said  canals; 
and  said  corporation  may  also  build  or  procure  and  maintain 
toll  houses  at  such  places  as  they  shall  deem  proper. 

§17.  No  person  shall  construct  any  bridge  across  said  ca- 
nals, or  any  portion  thereof,  or  shall  build  any  wharf  or  basin, 
or  shall  make  or  apply  any  device  whatever,  for  the  purpose 
of  diverting  or  turning  away  water  from  said  canals  or  any 
portion  thereof,  without  first  obtaining  permission  therefor 
from  said  corporation  ;  and  if  any  person  shall  construct  any 
such  bridge,  wharf,  or  device  aforesaid,  without  such  permis- 
sion, he  shall  forfeit  and  pay  to  said  corporation  a  sum  not  ex- 
ceeding fifty  dollars ;  and  the  said  corporation  may  remove 
or  fill  up  the  same,  at  the  expense  of  the  person  so  making 
and  applying  the  same  as  aforesaid :  and  may  sue  for  and  re- 
cover the  same  in  any  court  of  competent  jurisdiction. 

§  18.  If  any  person  or  persons  shall  wilfully  injure  or  ob- 
struct the  said  canals  or  any  portion  thereof,  or  any  of  the 
works  connected  therewith,  such  person  or  persons  shall  be 
liable  to  pay  double  the  amount  of  the  damages  sustained,  to 
be  recovered  by  said  corporation;  in  any  court  having  compe- 
tent jurisdiction. 


§  19.  When  the  said  line  of  canals,  or  any  portion  thereof, 
shall  be  completed  and  made  use  of  for  the  purpose  of  navi- 
gation, the  directors  of  said  corporation  shall  make  a  full 
statement  of  the  expense  of  constructing  the  same,  under  the 
oath  or  affirmation  of  the  president  thereof,  and  shall  cause 
the  same  to  be  filed  in  the  office  of  the  comptroller  ;  and  co- 
pies thereof  in  the  office  of  the  clerk  of  each  of  the  counties 
aforesaid,  and  in  like  manner  shall,  on  or  before  the  fifteenth 
day  of  February  in  each  year,  after  the  completion  of  said  line 
of  canals,  file  in  each  of  said  offices,  a  statement  of  tolls  receiv- 
ed on  said  canals,  and  of  all  ,the  monies  expended  by  said  cor- 
poration for  repairs  or  otherwise,  for  the  purpose  of  said  ca- 
nals. 

§  20,  The  stockholders  of  the  said  corporation  shall  be  joint- 
ly and  severally  liable  in  their  individual  capacities  for  the 
payment  of  all  debts  contracted  by  the  company,  to  the  nomi- 
nal amount  of  the  stock  held  by  such  stockholders,  until  the 
whole  amount  of  the  capital  stock  of  the  company  shall  have 
been  paid  in,  and  a  certificate  thereof  signed  and  sworn  to  by 
the  president  and  a  majority  of  the  directors,  shall  have  been 
made  and  recorded  in  the  office  of  the  clerk  of  each  of  the 
counties  aforesaid.  The  president  and  directors  of  said  cor- 
poration, with  the  consent  of  the  stockholders  holding  the  ma- 
jor part  of  the  stock  then  subscribed,  may  at  any  time  after 
fifty  thousand  dollars  of  the  capital  stock  shall  have  been  sub- 
scribed, reduce  the  amount  of  the  capital  stock  of  said 
company,  but  not  below  two  hundred  and  fifty  thousand 
dollars ;  and  in  that  case,  within  thirty  days  after  the 
payment  of  the  last  instalment  of  the  capital  stock  so 
fixed  and  limited,  shall  make  a  certificate  stating  the 
amount  of  the  capital  stock  so  fixed  and  paid  in,  which 
certificate  shall  be  signed  and  sworn  to  by  the  president 
and  a  majority  of  the  directors ;  and  they  shall  within 
the  said  thirty  days,  record  the  same  in  the  office  of  the 
county  clerk  of  each  of  the  counties  aforesaid.  The  stockhol- 
ders of  said  corporation  shall  be  jointly  and  severally  liable 
for  all  debts  that  may  be  due  and  owing  to  all  their  laborers, 
servants  and  apprentices,  for  services  performed  for  such  cor- 
poration ;  but  no  suit  shall  be  maintained  against  such  stock- 
holders without  proof  that  a  demand  for  such  debts  had  been 
presented  to  the  proper  officer  of  said  corporation  for  payment 
and  the  payment  thereof  neglected  or  refused.  If  the 
indebtedness  of  said  corporation  shall  at  any  time  ex- 
ceed the  amount  of  its  capital  stock,  the  stockholders 
shall  be  jointly  and  severally  liable  for  such  excess,  to 


22 


the  creditors  of  such  company,  provided  that  no  suit 
against  a  stockholder  for  any  such  debts  thall  be  main- 
tained till  an  execution  therefor  against  said  company  shall 
have  been  returned  unsatisfied  in  whole  or  in  part  ;  and  that 
any  stockholder  who  may  have  been  obliged  to  pay  any  de- 
mand against  said  corporation  shall  have  the  right  to  resort 
to  the  rest  of  the  stockholders  who  were  liable  to  contribu- 
tion. All  the  directors  of  said  corporation  who  shall  consent 
to  declare  and  pay  any  dividend  when  the  said  corporation 
is  insolvent,  or  any  dividend,  the  payment  of  which  would 
render  it  insolvent,  shall  be  jointly  and  severally  liable  for  all 
the  debts  of  the  company  then  existing,  and  for  all  that  shall 
thereafter  be  contracted,  so  long  as  they  shall  respectively 
continue  in  office. 

§  21.  In  case  the  said  corporation  shall  not  complete  one 
section  of  the  line  of  canals  hereinbefore  specified,  within 
three  years  from  the  passage  of  this  act,  then  the  said  corpo- 
ration shall  thenceforth  cease  and  determine ;  and  in  case  a 
part  only  of  said  line  of  canals  shall  be  completed  within  ten 
years,  then  the  privileges  and  powers  of  making  the  residue, 
shall  cease  and  be  void. 

§  22.  The  said  corporation  shall  possess  the  general  powers 
and  be  subject  to  the  restrictions  and  liabilities  prescribed  in 
the  third  title  of  the  eighteenth  chapter  of  the  first  part  of  the 
Revised  Statutes. 

§  23.  This  act  shall  take  effect  immediately. 


* 

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